Dutch consumer group sues Epic Games over Fortnite, seeking more than 100 million euros

Dutch consumer foundation Stichting Massaschade & Consument (SMC) has launched a class action against Epic Games over Fortnite, seeking more than 100 million euros in refunds and damages on behalf of players who were under 21 when they played. The foundation formally held Epic liable on 23 September 2026 and invited the developer to negotiate a collective settlement. If those talks fail, SMC says it will take the case to court.

The action is the latest chapter in a long-running dispute over how Fortnite's in-game Item Shop treats young players in the Netherlands. It builds directly on a 2024 decision by the Netherlands Authority for Consumers and Markets (ACM), which fined Epic 1,125,000 euros for unfair commercial practices that exploited children's vulnerabilities. The regulator split the fine into two equal parts of 562,500 euros: one for "get it now" and "buy now" phrases, and one for countdown timers that falsely suggested items would become unavailable. A Rotterdam court upheld the fine on 14 January 2026, and SMC says Epic did not appeal further, making the decision final.

SMC alleges that Epic deliberately designed Fortnite to pressure young players into buying virtual items, and that the company collected children's personal data without parental consent. The foundation also claims the game uses addictive design elements that keep young players returning daily. Its evidence includes research among more than 1,000 Dutch teenagers aged 16 to 19. According to SMC, six in 10 buyers of currencies such as V-Bucks said that spending did not feel like real money, and half said they had regretted a purchase made under time pressure.

Epic Games has rejected the allegations. Spokesperson Phil Mahoney said the Item Shop has no timer, and that parents can require a PIN for real-money purchases. He noted that under-18s in the Netherlands cannot see or buy items available for less than 48 hours, and that under-16s get a Cabined Account that blocks real-money purchases until parental consent is given. Mahoney also pointed to two-step purchase confirmation, instant cancellations, self-service returns, and an explicit choice over saving payment details.

Key Facts

GamesIndustry.biz reported on September 24, 2026 that SMC has filed a class action against Epic Games, alleging it misled young Fortnite players. The claim seeks over 100 million euros in refunds and damages, plus compensation for the collection of children's personal data without parental consent. SMC is representing Dutch players who played Fortnite before age 21, and it has served Epic with a formal notice of liability. The foundation works on a "no cure, no pay" basis, meaning participants pay nothing if the case is lost.

InvenGlobal reported on September 25, 2026 that SMC formally held Epic liable on September 23 and will go to court if collective settlement talks fail. The case also covers alleged addictive design and breaches of the General Data Protection Regulation (GDPR). SMC claims Epic failed to verify ages or obtain parental consent, and that it switched voice and text chat on by default for children. The claim is open to anyone who currently lives in the Netherlands, lived there while playing Fortnite, was under 21 when they played, and played the game at any time after its Dutch launch on 26 September 2017.

GamesRadar+ reported on September 24, 2026 that the 100 million euro lawsuit claims Epic put pressure on minors to spend real money. The outlet noted Epic's prior history with regulators: in 2022 the company agreed to pay 520 million dollars to settle two US Federal Trade Commission complaints. Those settlements comprised 245 million dollars over unwanted transactions and 275 million dollars over children's privacy violations. In the Netherlands, the ACM fined Epic 1.2 million dollars (1,125,000 euros) in 2024, a penalty that the Rotterdam court upheld in January 2026.

SMC chair Lucia Melcherts said: "We aren't asking for Fortnite to be banned. But a Dutch regulator found that Epic broke the rules, and a court has confirmed it. The logical next step is for Epic to pay players back." Stichting Massaschade & Consument reported on September 23, 2026 that it demands Epic stop using tricks to make players buy as much as possible, refund Fortnite purchases, stop addictive game elements, and compensate players for privacy violations. As an example, SMC says a player who spent 100 euros on Item Shop items such as skins, pickaxes and emotes could potentially recover that 100 euros, plus damages for addictive design and privacy breaches.

Analysis

The bigger picture here is that this Dutch class action is not an isolated complaint but the logical next step in a regulatory sequence that has already established Epic's liability in the Netherlands. The ACM's 2024 fine and the Rotterdam court's January 2026 ruling created a legal foundation that SMC can now use to demand consumer compensation. The foundation is seeking money for players who were minors when they made purchases, arguing that the same misleading tactics that the regulator punished should now trigger refunds and damages.

What makes this case particularly significant is the breadth of the claim. SMC is not only targeting the Item Shop's sales tactics. It is also pursuing compensation for alleged addictive design and for privacy violations under the GDPR. If SMC succeeds, it could open the door to similar actions in other European countries, especially where regulators have taken a tough line on dark patterns and children's data.

Epic's defence rests on the argument that it has already implemented safeguards. The company says the Item Shop has no timer, that parents can require a PIN, that under-18s cannot see or buy items available for less than 48 hours, and that under-16s get a Cabined Account blocking real-money purchases until parental consent. Those measures may satisfy some regulators, but they do not address the core allegation that the design itself was manipulative before those safeguards were introduced. The ACM's decision found that Epic broke the rules, and a court confirmed it. That makes it harder for Epic to argue that the underlying practices were acceptable.

The financial stakes are substantial. SMC seeks more than 100 million euros, which is roughly 113.8 million dollars. That figure is large, but it is smaller than the 520 million dollars Epic paid to settle US Federal Trade Commission complaints in 2022. The comparison suggests that European consumer actions, even when aggregated, may still be cheaper for Epic than US regulatory settlements. However, the reputational damage of a court case in the Netherlands could be significant, and a loss could encourage copycat claims across the European Union.

Why It Matters

This case matters because it tests whether European consumer law can effectively protect children from the design tactics that have become common in free-to-play games. Fortnite is one of the most popular games in the world, and its Item Shop is a model that many other developers have copied. If a Dutch court finds that Epic's design was unlawfully manipulative, it could force changes across the entire industry.

It also matters for parents and young players who may not realise how much they have spent. SMC's research among more than 1,000 Dutch teenagers found that six in 10 buyers of V-Bucks said spending did not feel like real money, and half regretted a purchase made under time pressure. If the court agrees, it could set a precedent for refunds and damages in similar cases involving other games and platforms.

Finally, the case matters because it shows that regulators and consumer groups are increasingly willing to work in parallel. The ACM's fine created a factual record that SMC is now using in its civil claim. Epic's decision not to appeal further after the Rotterdam court upheld the fine meant that the regulator's findings became final. That finality gives SMC a strong foundation for its demand that Epic pay players back. It also sends a message to other game companies that they cannot rely on parental controls alone if their core design still pressures children into spending.

Next Up

If collective settlement talks fail, SMC will take Epic Games to court. The foundation has already served a formal notice of liability, and it says it will pursue the case on a no cure, no pay basis. The Rotterdam District Court is the likely venue, given that it upheld the ACM fine in January 2026. Epic has not indicated whether it will negotiate or fight the claim. Spokesperson Phil Mahoney has defended the company's current safeguards, but SMC argues that those safeguards do not erase the harm caused by earlier design choices.

In the meantime, Dutch players who were under 21 when they played Fortnite after 26 September 2017 can still join the claim. SMC says it does not matter how much or how little they played, or that they are now older than 21. The outcome could influence similar actions in other European countries, and it could shape how game companies design their stores and data practices for young audiences in the future.